NYC H1B Visa Lawyer

H-1B is a nonimmigrant classification for certain temporary workers who wish to work in specialty occupations in the US, perform services of extraordinary merit and ability relating to a Department of Defense project, or work as fashion models of distinguished merit or ability. This visa allows them to live and work in the country for a temporary period.

As the H-1B visa application process can be complex for both prospective employers and employees alike, an experienced New York City H1B Visa Lawyer from Pollack, Pollack, Isaac & DeCicco can support clients throughout the process.

The employment-based immigration team at Pollack, Pollack, Isaac & DeCicco has decades of combined experience bringing top global talent to New York City. We leverage our knowledge of federal immigration law practices to optimize relevant processes, including obtaining a certified Labor Condition Application and jumpstarting the H-1B visa application process from abroad. At our firm, there is no immigration case that is too complex to be solved.

Am I Eligible to Apply for an H-1B Visa to Work in NYC?

If you have exceptional abilities in fields like sciences, arts, athletics, education, or business, you may be eligible for an H1B visa. These visas fall under the first preference category. Most commonly, companies apply for visas for individuals who have at least a bachelor’s degree or its equivalent and can perform complex job duties related to their field of study. H2B visas offer a wide range of opportunities. from engineers working on Department of Defense projects to fashion and entertainment professionals.

Eligibility for an H-1B visa depends on the category of H-1B visa that the applicant is trying to attain; however, noncitizens must generally be able to show that they have education, specialized training, and/or experience that is equivalent to the completion of a U.S. Bachelor’s degree or higher in a specialty related to the occupation in their area of employment, that they are fully qualified and certified to carry out certain complex job duties, and that the job duties in question require use of the specialized knowledge they have.

An experienced immigration lawyer from our law firm can help you understand whether you meet the eligibility requirements.

What Are the Three Main Types of H-1B Visas?

There are three main types of H-1B visas: the H-1B visa, the H-1B2 visa, and the H-1B3 visa. While the H-1B applies to a broader category of foreign nationals who wish to work in a specialty occupation, the H-1B2 and H-1B3 visas are for specific job requirement areas. A breakdown of the three main visa types is as follows:

• H-1B. The “Specialty Occupation” nonimmigrant visa is for individuals who can take on work that requires both practical and theoretical utilization of specialized knowledge. Individuals who have acquired at leasta bachelor’s degree or its equivalent in the specialty are typically
• H-1B2. The “Department of Defense Researcher and Development Project Worker ” visa is for workers who have at least a bachelor’s degree or its equivalent that is related to the specialty field in which the DoD research will be carried out. Such a visa requires a letter from the DoD stating the required duties of the project and the timeline, but further details about the nature of the project do not need to be disclosed.
• H-1B3. The “Fashion Model” visa is for individuals who are distinguished and prominent in their career as a fashion model.

Both H-1B and H-1B3 visas require a Form ETA-9035/9035E, Labor Condition Application (LCA). The Department of Labor must certify this form. The H-1B2 visa does not require a certified LCA. After the LCA is certified by the DOL, a Form I-129, Petition for a Nonimmigrant Worker, must be submitted by the employer with the United States Citizenship and Immigration Services (USCIS).

How Can a New York City H1B Visa Lawyer Support My Business?

Whether your business aims to recruit foreign employees with advanced computer skills, a strong scientific background, or other specialized qualifications, our team of immigration lawyers in the New York metropolitan area is here to assist you. We will expertly prepare all the required documentation and passionately advocate on your behalf to achieve a successful resolution for your hiring needs.

As a nonimmigrant visa, the H1-B was not created for workers seeking a green card denoting lawful permanent resident status, but as a temporary measure geared to meet a specific labor need. Before you start the process of pursuing one or more visas, our attorneys will walk you through the details you need to know, including:

Types of eligible workers — In most cases, companies seek visas for men and women who possess at least the equivalent of a bachelor’s degree and can perform complex job duties related to their field of study. Individuals working on Department of Defense projects and fashion models can also attain these visas.

Labor Condition Application — Employers looking to secure visas to admit foreign workers have to complete a Labor Condition Application demonstrating that nonimmigrant employees are not being mistreated. Companies are not permitted to bring in workers from another country to lower overall wage levels or replace employees who are engaged in a labor dispute.

Annual cap — Under the law, the annual number of standard H-1B visas is capped at 65,000. Due to the demand for skilled workers, this limit is usually reached well before the year ends. Up to 20,000 exemptions can be granted for prospective employees with advanced degrees. If you’re considering launching an application, we can advise you on how long the process might take.

Fees — Most petitioners with more than 25 employees must pay a $1,500 fee for an H-1B visa on top of the $460 form filing cost. For businesses with fewer workers, the fee is $750.

Whether your business is looking to hire foreign employees with advanced computer skills, a strong scientific background, or other specialized qualifications, our New York metropolitan area immigration lawyers will help you prepare the necessary materials and advocate for a successful resolution.

FAQs

Q: Do I Need a Lawyer to Get an H-1B Visa to Work in New York?

A: No, it is not required by law to get an immigration lawyer in order to be approved for an H-1B visa to live and work in New York temporarily. However, if you are unfamiliar with immigration processes and law, it is highly recommended to work with an H-1B visa lawyer. They can advise your employer on the appropriate steps to take, help you submit your visa application, and communicate with USCIS, the DoL, CBP, and other entities on your behalf.

Q: How Can I Get a New York H-1B Visa?

A: The process you will need to go through to get an H-1B visa in New York depends on the nature of your work and the type of H-1B visa that you are applying for. If you are applying for visa type H-1B, you will need to have your prospective employer get a Labor Condition Application certified by the DoL and submit a petition on your behalf. After this paperwork is approved, you can start the process of applying for the H-1B nonimmigrant visa.

Q: Does New York State Sponsor H-1B Visas?

A: No, the government of New York State usually does not sponsor H-1B visas. The state has not filed any Labor Condition Applications with the Department of Labor between the fiscal years 2021 and 2023.

They did, however, apply for LCAs for H-1B nonimmigrant workers before 2012. You can get in contact with their hiring department to understand whether there are currently specialty jobs open for foreign workers. An immigration lawyer can also help you understand whether you are eligible for such a visa.

Q: Can I Get a New York Green Card With an H-1B Visa?

A: No, it is not possible to become a green card holder or obtain lawful permanent residency status with an H-1B visa in New York and the United States. An H-1B visa is a nonimmigrant visa, meaning that there are no derived pathways to get lawful permanent residence. However, an experienced NYC immigration lawyer can help you explore options to apply for a green card from the United States by using a different immigration pathway.